THE
GOVERNMENT
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.135/2007/ND-CP
|
Hanoi,
August 16, 2007
|
DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS
IN THE SOCIAL INSURANCE DOMAIN
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government:
Pursuant to the June 29, 2006 Social Insurance Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Governing scope
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Article 2.
Subjects of application
1. Vietnamese agencies,
organizations and individuals that commit acts of intentionally or
unintentionally violating the provisions of the social insurance law, which do
not constitute crimes, shall be sanctioned according to the provisions of this
Decree.
2. Foreign agencies,
organizations and individuals that intentionally or unintentionally commit
administrative violations of the social insurance law within the territory of
the Socialist Republic of Vietnam shall also be administratively sanctioned
according to the provisions of this Decree. When treaties to which the
Socialist Republic of Vietnam is a contracting party otherwise provide for,
such treaties prevail.
3. Public officials and employees
who commit social insurance-related violations while performing assigned tasks
in the social insurance domain, which, however, do not constitute crimes, shall
be disciplined according to law on public officials and employees.
Article 3.
Principles for sanctioning violations of social insurance law
1. The administrative
sanctioning of acts of violating the social insurance law will be effected by
competent persons defined in Articles 40 and 41 of this Decree.
Agencies, organizations and
individuals shall be administratively sanctioned for acts of violating the
social insurance law only when they commit violations specified in Chapter II
of this Decree.
2. The administrative
sanctioning of acts of violating the social insurance law must be carried out
in a swift, fair and resolute manner within the prescribed time limits. When
acts of violation are detected, they must be immediately stopped; all
consequences of administrative violations must be redressed according to the
provisions of law.
3. An act of administrative
violation shall be sanctioned only once. A person committing many acts of
violation shall be sanctioned for every act of violation. If many persons
jointly commit an act of violation, each of the violators shall be sanctioned.
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5. Administrative violations
committed in cases of emergency circumstances or unexpected incidents or by
persons who are suffering a mental disease or other ailments which have
deprived them of the capacity to be aware of or control their acts are not
sanctioned.
Article 4.
Application of forms of sanctioning administrative violations and consequence
remedies
1. When sanctioning
administrative violations, persons with sanctioning competence may only apply
the sanctioning forms and consequence remedies (if any) already prescribed for
the acts of violation.
Each act of administrative
violation is only subject to one principal sanctioning form. In addition to the
principal sanctioning form, one or many additional sanctioning forms and
remedies can be applied, depending on the nature and severity of specific
violations. Additional sanctioning forms and remedies may only be applied in
association with principal sanctioning forms, except for cases where the time
limits specified in Clause 1, Articles 10 and 69 of the Ordinance on Handling
of Administrative Violations expire.
2. Caution is a principal
sanctioning form which is only applicable to minor, first-time violations
involving extenuating circumstances and acts of violation for which the
sanctioning form of caution is prescribed.
3. Fine is a principal
sanctioning form which is applied as follows: A specific fine level for an act
of administrative violation is the average of the fine bracket prescribed for
each act of violation; if extenuating circumstances are involved, the fine
level may be lower but not below the minimum level of the fine bracket; if
aggravating circumstances are involved, the fine level may increase but must
not exceed the maximum level of the fine bracket.
4. Definite or indefinite
deprivation of the rights to use assorted permits is an additional sanctioning
form which may only be applied to cases where agencies, organizations or
individuals seriously violate the regulations on the use of assorted permits and
to acts of violation for which this sanctioning form is prescribed.
5. Remedies may be applied only
when these measures are prescribed for acts of administrative violation and
applied in conjunction with principal sanctioning forms, aiming to resolutely handle
violations, to get rid of the causes and conditions for recidivism and to
remedy the consequences caused by administrative violations.
Article 5.
Extenuating circumstances
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2. Administrative violators have
voluntarily reported their violations and honestly redeemed their faults.
3. Violations are committed in the
state of being mentally incited by illegal acts of other persons.
4. Violations are committed
under pressure or due to material or spiritual dependence.
5. Violators are pregnant women,
weak old persons, people who suffer ailments or disabilities, which restrict
their capacity to cognize or control their acts.
6. Violations are committed in
plights of extraordinary difficulty not caused by violators.
7. Violations are committed due
to backwardness.
Article 6.
Aggravating circumstances
1. Committing violations in an
organized manner.
2. Committing violations time
and again or relapsing into violations in the social insurance domain.
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4. Committing violations in the
state of being detoxicated
by alcohol, beer or other stimulants.
5. Abusing positions or powers
or taking advantage of laborers difficult plights to commit violations.
6. Taking advantage of
circumstances of war, natural calamity or other extraordinary difficulties
confronted by the society to commit violations.
7. Committing violations while
serving criminal judgments or administrative violation-sanctioning decisions.
8. Continuing to commit
administrative violations even though competent persons have demanded the
termination of such acts.
9. Shirking or covering up acts
of administrative violation after they are committed.
Article 7.
Sanctioning forms
1. For every act of
administrative violation of the social insurance law, violating agencies,
organizations and individuals are subject to one of the following principal
sanctioning forms:
a/ Caution:
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2. Depending on the nature and
severity of their violations, agencies, individuals and organizations that
commit administrative violations in the social insurance domain may also be
subject to one or both of the following additional sanctioning forms:
a/ Definite or indefinite
deprivation of the right to use operation permits as provided of by law;
b/ Confiscation of material
evidences and means used for commission of administrative violations.
3. Violating agencies,
organizations and individuals are subject to the application of one or more of
the following remedies to restore the initial state altered due to their
administrative violations:
a/ Compulsory repayment of
social insurance premium amounts into the social insurance fund within 5
working days after the sanctioning decisions are issued against persons who
commit violations in social insurance premium payment defined in Article 134 of
the Social Insurance Law:
b/ Compulsory payment of
interests on the social insurance premium amounts not yet paid or late paid at
the interest rates applicable to activities of investment from the social
insurance fund within a year, for employers who have not yet paid or late paid
social insurance premiums for 30 days or more;
c/ Compulsory reimbursement of
social insurance premiums to laborers within 5 working days after the
sanctioning decisions are issued against employers;
d/ Compulsory modification and
re-submission of falsified papers.
4. In addition, violating
agencies, organizations and individuals are also subject to the application of
other remedies specified in this Decree.
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1. The statute of limitations
for sanctioning administrative violations of the social insurance law defined
in this Decree is 12 months from the date the administrative violations are
committed: past this time limit, the administrative violations will not be
sanctioned but are still subject to the application of remedies specified in
Clauses 3 and 4, Article 7 of this Decree.
2. If within the time limit
prescribed in Clause 1 of this Article the violating agencies, organizations or
individuals commit new administrative violations in the social insurance domain
or deliberately shirk or delay the sanctioning, this statute of limitations may
not be applied; the statute of limitations for sanctioning administrative
violation is recounted from the time the new administrative violations are
committed or the time the acts of shirking or delaying the sanctioning
terminate.
3. For individuals who are
subject to legal proceedings or prosecution or have their cases decided to be
brought to trial according to criminal procedures but later receive decisions
on suspension of investigations or their cases, they shall be administratively
sanctioned if their acts show signs of administrative violation; in this case,
the sanctioning statute of limitations is three months from the date of issuing
the decisions on suspension of investigations or cases.
Article 9.
Duration for being considered not having been administratively sanctioned
Agencies, organizations or
individuals sanctioned for administrative violations of the social insurance
law may be considered not having been administratively sanctioned in the social
insurance domain if within 12 months after they have completely served the
sanctioning decisions or after the statute of limitations for execution of the
sanctioning decisions they do not relapse into violations.
Chapter 2
ACTS OF VIOLATION,
SANCTIONING FORMS AND LEVELS
Section 1.
FOR EMPLOYERS
Article 10.
Acts of failing to pay social insurance premiums for all laborers liable to
compulsory social insurance
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2. Fine:
a/ Between VND 1,000,000 and
under 7,000.000. when committing the violation against between 11 and 50
laborers;
b/ Between VND 7,000.000 and
under 10,000,000, when committing the violation against between 51 and 100
laborers:
c/ Between VND 10,000,000 and
under 15,000,000. when committing the violation against between 101 and 500
laborers:
d/ Between VND 15,000,000 and
20,000,000. when committing the violation against 501 or more laborers.
3. Additional sanctioning form:
Definite deprivation of the right to use operation permits, for employers who
violate Point c, Clause 2 of this Article three times or more, or indefinite
deprivation of the right to use operation permits, for employers who violate
Point d, Clause 2 of this Article three times or more.
4. Remedies: The remedies
defined at Points a and b, Clause 3, Article 7 of this Decree are applied to
employers who commit the violations defined in Clauses 1 and 2 of this Article.
Article 11.
Acts of failing to pay social insurance amounts according to regulations in w
ages of laborers who are not liable to compulsory social insurance
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
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a/ Between VND 1,000,000 and
under 5,000,000. when committing the violation against between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 7,000,000, when committing the violation against between 51 and 100
laborers;
c/ Between VND 7,000.000 and
under 10,000,000, when committing the violation against between 101 and 500
laborers;
d/ Between VND 10,000,000 and
15,000,000, when committing the violation against 501 or more laborers.
3. Additional sanctioning form;
Definite deprivation of the right to use operation permits, for employers who
commit the violation defined at Point c, Clause 2 of this Article three times
or more, or indefinite deprivation of the rights to use operation permits, for
employers who commit the violation defined at Point d, Clause 2 of this Article
three times or more.
4. Remedy: The remedy defined at
Point c, Clause 3, .Article 7 of this Decree is applied to employers who commit
the violations defined in Clauses 1 and 2 of this Article.
Article 12.
Acts of paying social insurance premiums not for all laborers liable to
compulsory social insurance
1. Caution or a fine of between VND
100,000 and under 1,000,000, when committing the violation against between 1
and 10 laborers.
2. Fine:
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b/Between VND 3,000.000 and
under 5,000,000, when committing the violation against between 51 and 100
laborers;
c/ Between VND 5,000,000 and
under 10,000,000, when committing the violation against between 101 and 500
laborers;
d/ Between VND 10,000,000 and
15,000,000, when committing the violation against 501 or more laborers.
3. Additional sanctioning form:
Definite deprivation of the right to use operation permits, for employers who
commit the violation defined at Point c, Clause 2 of this Article three time or
more, or indefinite deprivation of the right to use operation permits, for
employers who commit the violation defined at Point d, Clause 2 of this Article
three times or more.
4. Remedies: The remedies
defined at Points a and b, Clause 3, Article 7 of this Decree are applied to
employers who commit the violations defined in Clauses 1 and 2 of this Article.
Article 13.
Acts of failing to pay social insurance premiums within the prescribed time
limit
1. Caution or a fine of between
VND 100,000 and under 700,000, when committing the violation against between 1
and 10 laborers.
2. Fine:
a/ Between VND 700,000 and under
2,000,000, when committing the violation against between 11 and 50 laborers:
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c/ Between VND 4,000,000 and
under 7,000,000. when committing the violation against between 101 and 500
laborers;
d/ Between VND 7,000,000 and
12,000,000, when committing the violation against 501 or more laborers.
3. Remedies: The remedies defined
at Points a and b, Clause 3, Article 7 of this Decree are applied to employers
who commit the violations defined in Clauses 1 and 2 of this Article.
Article 14.
Acts of paying social insurance premiums below prescribed levels
1. Caution or a fine of between
VND 100,000 and under 500,000, when committing the violation against between 1
and 10 laborers.
2. Fine:
a/ Between VND 500,000 and under
1,000,000, when committing the violation against between 11 and 50 laborers;
b/ Between VND 1,000,000 and under
3,000,000, when committing the violation against between 51 and 100 laborers;
c/ Between VND 3,000,000 and
under 5,000,000, when committing the violation against between 101 and 500
laborers;
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3. Remedies: The remedies
defined at Points a and b, Clause 3, Article 7 of this Decree are applied to
employers who commit the violations defined in Clauses 1 and 2 of this Article.
Article 15.
Acts of giving certifications or making lists at variance with reality for
laborers to enjoy allowances for ailment, maternity, labor accidents or
occupational diseases
1. Caution or a fine of between
VND 100,000 and under 1.000.000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation involving between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation involving between 51 and 100
laborers;
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation involving between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000,000, when committing the violation involving 501 or more laborers.
3. Remedies:
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b/ Compulsory modification,
re-submission of papers improperly certified by employers.
Article 16.
Acts of falsely certifying the social insurance payment duration and levels of
laborers
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation involving
between 1 and 10 laborers.
2. Fine:
a/ Between VND 1,000.000 and
under 5,000.000, when committing the violation involving between 11 and 50
laborers:
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation involving between 51 and 100
laborers;
c/ Between VND 10,000.000 and
under 15,000,000, when committing the violation involving between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000,000, when committing the violation involving 501 or more laborers.
3. Remedies:
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b/ Compulsory modification,
re-submission of papers improperly certified by employers within 5 working days
after the sanctioning decisions are issued against persons who commit the
violations defined in Clauses 1 and 2 of this Article.
Article 17.
Acts of failing to compile dossiers or failing to carry out procedures for
laborers to enjoy social insurance benefits within 30 days after the conclusion
of labor contracts, working or recruitment contracts
1. Caution or a fine of between
VND 100,000 and under 1,000,000. when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation against between 51 and 100
laborers:
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500 laborers:
d/ Between VND 15,000,000 and
20,000,000, when committing the violation against 501 or more laborers.
3. Remedy: Forced performance of
the obligations to compile and complete dossiers, to carry out the procedures
for laborers within 5 working days after the sanctioning decisions are issued
against persons who commit the violations defined in Clauses 1 and 2 of this
Article.
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1. Caution or a fine of between
VND 100,000 and under 1,000,000, when commuting the violation against between 1
and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers:
b/ Between VND 5,000,000 and
under 10,000.000, when committing the violation against between 51 and 100
laborers:
c/ Between VND 10,000,000 and
under 15,000,000. when committing the violation against between 101 and 500
laborers;
d/ Between VND 15,000,000 and 20,000,000,
when committing the violation against 501 or more laborers.
3.,Remedy: Compulsory payment of
social insurance allowances to laborers within 5 working days after the
sanctioning decisions are issued against persons who commit the violations defined
in Clauses 1 and 2 of this Article.
Article 19.
Acts of delaying the payment to social insurance beneficiaries after 30 days
counting from the date of receiving the payment decisions of social insurance
organizations (ailment, maternity, labor accident and occupational disease
allowances)
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
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a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation involving between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation involving between 51 and 100
laborers;
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation involving between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000,000, when committing the violation involving 501 or more laborers.
3. Remedy: Compulsory payment of
social insurance amounts to laborers within 5 working days after the
sanctioning decisions are issued against persons who commit the violations
defined in Clauses 1 and 2 of this Article.
Article 20.
Acts of failing to submit dossiers for social insurance organizations to grant
social insurance books to laborers
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers;
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c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000,000, when committing the violation against 501 or more laborers.
3. Remedy: Compulsory
compilation and submission of dossiers for grant of social insurance books to
laborers within 15 working days after the sanctioning decisions are issued
against persons who commit the violations defined in Clauses 1 and 2 of this
Article.
Article 21.
Acts of failing to pay social insurance money on time to laborers when the
laborers no longer work
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000. when committing the violation against between 51 and 100
laborers;
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500
laborers;
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3. Remedy: Compulsory return of
social insurance books to laborers within 5 working days after the sanctioning
decisions are issued against persons who commit the violations defined in
Clauses 1 and 2 of this Article.
Article 22.
Acts of breaching the liability to preserve social insurance books during the
working duration of laborers, leading to the loss, damage, modification,
erasure thereof
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000. when committing the violation against between 51 and 100
laborers;
cl Between VND
10,000,000 .and under 15,000,000, when committing the violation against between
101 and 500 laborers:
d/ Between VND 15,000.000 and
20,000,000, when committing the violation against 501 or more laborers.
3. Remedy: Compulsory completion
of procedures to request competent bodies to re-grant social insurance books in
replacement of damaged ones to laborers within 5 working days after the
sanctioning decisions are issued against persons who commit the violations
defined in Clauses 1 and 2 of this Article.
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1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
I and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers:
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation against between 51 and 100
laborers:
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000,000, when committing the violation against 501 or more laborers.
3. Remedy: Compulsory sending of
laborers for examination of working capacity reduction levels at Medical
Examination Councils within 5 working days after the sanctioning decisions are
issued against persons who commit the violations defined in Clauses 1 and 2 of
this Article.
Article 24.
Acts of failing to supply documents and information on social insurance at the
request of competent state bodies
1. Caution or a fine of between
VND 100,000 and 1,000,000.
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Article 25.
Acts of making untruthful reports, supplying false information and data on
social insurance to competent state bodies and local social insurance
organizations
1. Caution or a fine of between
VND 100,000 and 1,000,000.
2. Remedy: Forced supply of
truthful information within 5 working days after the sanctioning decisions are
issued against persons who commit the violation defined in Clause 1 of this
Article.
Article 26.
Acts of failing to supply documents and information on payment of laborers
social insurance premiums upon request of laborers or trade union organizations
1. Caution or a fine of between
VND 100.000 and 1,000,000.
2. Remedy: Forced supply of
information within 5 working days after the sanctioning decisions are issued
against persons who commit the violation defined in Clause 1 of this Article.
Article 27.
Acts of using social insurance fund for improper purposes
1. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation for the first time:
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2. Remedy: Compulsory repayment
of the entire social insurance fund amounts used for improper purposes within 5
working days after the sanctioning decisions are issued against persons who
commit the violation defined in Clause 1 of this Article.
Section 2.
FOR LABORERS
Article 28.
Acts of failing to pay. late paying compulsory social insurance premiums or
agreeing with employers not to pay compulsory social insurance premiums
1. Caution or a fine of between
VND 100,000 and 1,000,000.
2. Remedy: The remedy defined at
Point a, Clause 3, Article 7 of this Decree is applied to persons who commit
the violation defined in Clause 1 of this Article.
Article 29.
Acts of making untruthful declarations or modifying, erasing contents related
to social insurance entitlement in dossiers; failing to supply information or
supplying false information to employers, social insurance organizations and
state management bodies
1. Caution or a fine of between
VND 100,000 and 1,000,000.
2 Remedies:
a/ Forced reimbursement of the
social insurance money amounts received through violation acts, including
interests thereon, within 5 working days after the sanctioning decisions are
issued against persons who commit the violation defined in Clause 1 of this
Article:
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Article 30.
Acts of forging dossiers to enjoy social insurance benefits, which are not
serious enough for penal liability examination
1. Caution or a fine of between
VND 100,000 and 1,000,000.
2. Additional sanctioning form:
Confiscation of forged dossiers and means, instruments used for forgery of
dossiers.
3. Remedy: Forced reimbursement
of the social insurance amounts received through acts of violation, including
interests thereon, within 5 working days after the sanctioning decisions are
issued against persons who commit the violation defined in Clause 1 of this
Article.
Section 3.
FOR SOCIAL INSURANCE ORGANIZATIONS AND OTHER ORGANIZATIONS AND AGENCIES
Article 31.
Acts of failing to grant social insurance books or failing to close social
insurance books on time for laborers according to regulations
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers;
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c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000.000, when committing the violation against 501 or more laborers.
3. Remedy: Forced compilation of
social insurance books or closure of social insurance books and grant of social
insurance books to laborers within 15 working days after the sanctioning
decisions are issued against persons who commit the violations defined in
Clauses 1 and 2 of this Article.
Article 32.
Acts of failing to settle regimes on time for social insurance-participating
laborers
1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation against between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation against between 51 and 100
laborers:
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500 laborers;
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3. Remedy: Forced settlement of
regimes for laborers within 15 working days after the sanctioning decisions are
issued against persons who commit the violations defined in Clauses 1 and 2 of
this Article.
Article 33.
Acts of improperly settling social insurance regimes, making payment against
regulations to laborers
1. Caution or a fine of between
VND 100,000 and 1,000,000.
2. Remedy: Forced proper
settlement of social insurance regimes for laborers within 5 working days after
the sanctioning decisions are issued against persons who commit the violation
defined in Clause 1 of this Article.
Article 34.
Acts of causing inconveniences or obstacles, thus harming the lawful rights and
interests of laborers or employers Caution or a fine of between VND 100,000 and
1,000,000.
Article 35.
Social insurance organizations acts of managing or using the social insurance
fund in contravention of regulations
1. Fine:
a/ Between VND 1,000,000 and
under 5,000,000, when committing the violation for the first time;
b/ Between VND 5,000,000 and
10,000,000, when committing the violation for the second time on.
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Article 36.
Acts of failing to fully and promptly supply information on payment of social
insurance premiums, rights to enjoy and procedures to implement the social
insurance upon request of laborers or Trade Union organizations: acts of
harassing, causing difficulties and inconvenience in the settlement of regimes
1. Caution or a fine of between
VND 1,000,000 and 5,000,000.
2. Remedy: Forced supply of
adequate information within 5 working days after the sanctioning decisions are
issued against persons who commit the violation defined in Clause 1 of this
Article.
Article 37.
Acts of failing to report to competent state bodies on the management and use
of the social insurance fund
1. Caution or a fine of between VND
1,000,000 and 10,000,000.
2. Remedy: Forced supply of
information within 5 working days after the sanctioning decisions are issued
against persons who commit the violation defined in Clause 1 of this Article.
Article 38.
Acts of making untruthful reports, supplying false information and data on
money paid into the social insurance fund
1. Caution or a fine of between
VND 1,000,000 and 10,000,000.
2. Remedy: Forced supply of
truthful information within 5 working days after the sanctioning decisions are
issued against persons who commit the violation defined in Clause 1 of this
Article.
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1. Caution or a fine of between
VND 100,000 and under 1,000,000, when committing the violation against between
1 and 10 laborers.
2. Fine:
a/ Between VND 1,000,000 and
under 5,000,000. when committing the violation against between 11 and 50
laborers;
b/ Between VND 5,000,000 and
under 10,000,000, when committing the violation against between 51 and 100
laborers;
c/ Between VND 10,000,000 and
under 15,000,000, when committing the violation against between 101 and 500
laborers;
d/ Between VND 15,000,000 and
20,000,000, when committing the violation against 501 or more laborers.
3. Additional sanctioning form:
Definite or indefinite deprivation of the rights to use operation permits under
the provisions of law, when committing the violations defined at Points b, c
and d, Clause 2 of this .Article twice or more.
4. Remedy: Forced modification,
re-submission of improper written certification.
Chapter 3
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Article 40.
Competence of presidents of Peoples Committees at different levels to sanction
administrative violations in the social insurance domain
1. Presidents of Peoples
Committees of urban districts, rural districts, provincial towns or cities have
the powers:
a/ To impose caution or a fine
of up to VND 20,000,000;
b/ To apply additional
sanctioning forms specified in Clause 2, Article 7 of this Decree;
c/ To apply remedies specified
in Clause 3, Article 7 of this Decree.
2. Presidents of
provincial/municipal Peoples Committees have the powers:
a/ To impose caution or a fine
of up to VND 20,000,000;
b/ To apply additional
sanctioning forms specified in Clause 2, Article 7 of this Decree;
c/ To apply remedies specified
in Clauses 3 and 4, Article 7 of this Decree.
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1. Labor inspectors, while
performing the official duties, have the powers:
a/ To impose caution or a fine
of up to VND 200,000;
b/ To confiscate material
evidences, means used for commission of administrative violations, which are
valued at up to VND 2,000,000;
c/ To apply remedies specified
in Clause 3, Article 7 of this Decree.
2. Chief labor inspectors of the
provincial/municipal Service level have the powers:
a/ To impose caution or a fine
of up to VND 20,000,000;
b/ To apply the additional
sanctioning form defined in Clause 2, Article 7 of this Decree;
c/ To apply remedies specified
in Clause 3, Article 7 of this Decree.
3. The chief inspector of the
Ministry of Labor, War Invalids and Social Affairs has the powers:
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b/ To apply additional
sanctioning forms defined in Clause 2, Article 7 of this Decree;
c/ To apply remedies defined in
Clause 3, Article 7 of this Decree.
Article 42.
Principles for determination of competence to sanction social insurance-
related administrative violations
1. For social insurance- related
administrative violations falling under the handling competence of many
persons, the sanctioning thereof shall be carried out by the first recipient of
the cases as provided for by this Decree.
2. In case of sanctioning a
person who commits many acts of administrative violation, the sanctioning
competence is determined on the following principles:
a/ If the sanctioning form and
level prescribed for each act fall under the sanctioners competence,
the sanctioning competence still belong to such sanctioner;
b/ If the sanctioning form and
level prescribed for one of those acts go beyond the sanctioners competence,
such sanctioner
must transfer the dossier of the violation case to authorities having the
sanctioning competence;
c/ If those acts fall under the
sanctioning competence of many persons in different agencies, the sanctioning
competence belongs to the competent president of the Peoples Committee of the
locality where the violations are committed.
Article 43.
Authorized sanctioning of administrative violations
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Article 44.
Procedures for sanctioning administrative violations and enforcing sanctioning
decisions
The procedures for
administrative sanctioning of acts of violating the social insurance law and
enforcement of sanctioning decisions comply with the provisions of Articles 54
thru 68, Chapter VI of the July 2, 2002 Ordinance on Handling of Administrative
Violations of the National Assembly Standing Committee.
Article 45.
Ensuring the fulfillment of employers obligations
1. Within 30 days after the
issuance of decisions, the persons with sanctioning competence may apply
administrative measures prescribed by law to compel employers to fulfill their
financial obligations under the decisions to sanction social insurance-related
administrative violations under the provisions of this Decree. Past this time
limit, if employers fail to fulfill their obligations, the above-mentioned
competent persons may request banks, other credit institutions or state
treasuries where the employers open their accounts to deduct from their deposit
accounts the unpaid or late paid amounts and interests thereon for payment to
laborers, social insurance organizations or relevant agencies or organizations.
2. The Ministry of Labor, War
Invalids and Social Affairs shall assume the prime responsibility for, and
coordinate with the Finance Ministry, the State Bank of Vietnam and concerned
agencies and organizations in, guiding the implementation of Clause 3, Article
138 of the Social Insurance Law.
Chapter 4
COMMENDATION AND REWARD,
HANDLING OF VIOLATIONS, COMPLAINTS, DENUNCIATIONS AND HANDLING OF COMPLAINTS
AND DENUNCIATIONS
Article 46.
Complaints, denunciations about decisions to sanction administrative violations
and settlement of complaints and denunciations
1. Agencies, organizations and
individuals sanctioned for administrative violations or their lawful
representatives are entitled to complain about decisions on sanctioning of
administrative violations, decisions on application of measures to secure the
sanctioning of administrative violations.
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3. The competence, procedures,
order, time limit for lodging complaints, denunciations and settling complaints
and denunciations comply with the provisions of law on complaints and
denunciations.
Article 47.
Commendation and reward
Agencies, organizations and
individuals that record merits in preventing and combating administrative
violations of the social insurance law, will be commended and rewarded
according to the law on emulation and commendation.
Article 48.
Handling of violations
1. If persons who are competent
to administratively sanction acts of violating the social insurance law commit
acts of harassment, toleration, covering up, non-sanctioning or untimely,
improper or ul
travires
sanctioning, they shall be disciplined or examined for penal liability,
depending on the nature and severity of their violations: if causing damage,
they shall pay compensation in accordance with law.
2. If persons who are
administratively handled for acts of the violating the social insurance law
commit acts of hindering or opposing officials on duty, delaying or shirking
the execution of sanctioning decisions or other violation acts, they shall be
administratively handled or examined for penal liability, depending on the
nature and severity of their violations; if causing damage, they shall pay
compensation in accordance with law.
Chapter 5
IMPLEMENTATION PROVISIONS
Article 49.
Implementation effect
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2. To cancel Article 18 of the
Governments April 16, 2004 Decree No. 113/2004/ND-CP providing the
administrative sanctioning of acts of violating the labor law.
Article 50.
Guidance and implementation responsibilities
1. The Ministry of Labor. War
Invalids and Social Affairs shall, within the ambit of its functions, tasks and
powers, guide, organize and inspect the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal Peoples Committees, and concerned agencies,
organizations and individuals shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung